Refusing a Breathalyzer in Florida

Many drivers refuse to take the breath tests after a DUI arrest by law enforcement officers in Broward County police, despite Florida's implied consent laws.

Refusing to submit to a breath test in Florida is an automatic licenses suspension. Driving is considered a privilege in this State and some lawmakers are pushing for harsher penalties for breathalyzer refusal.

Attorney for Refusing a Breath Test in Ft. Lauderdale, FL

If you or someone you know has refused a breath test for the second time in Fort Lauderdale, FL, then contact an experienced criminal defense attorney who will fight for your best defense.

The attorneys at Bacchus Law Firm are zealous advocates for the rights of criminal defense. We understand that with DUI charges, the best possible result is having the charges dropped. Our office is conveniently located in Broward County. We take cases throughout Ft. Lauderdale, Florida in the surrounding areas of Palm Beach County, Collier County, Hendry County, and Miami-Dade County, Florida.

Call (954) 500-5555 for more information about second-time DUI offenses.

Overview of Refusing a Breathalyzer in Broward County

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Implied Consent in Florida

Under Florida Section 316.1932, any driver who operates a motor vehicle on the roads of Florida consents to submit to an approved BAC test. Failing to submit to a breath test could result in the following penalties:

  • license suspension for six (6) months for a first offense;
  • license suspension for eighteen (18) months for the second or subsequence offense.

Florida law requires the arresting officer to inform an offender of the consequences of refusing to submit to a blood alcohol content test. To discourage drivers from avoiding DUI prosecution by refusing BAC tests, the Florida Legislature made it a first-degree misdemeanor to refuse a BAC test more than once.

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Criminal Charges for DUI Refusal in Florida

Refusing to submit to a BAC test more than once is a first-degree misdemeanor under Florida law. To prove an individual guilty of refusing a breathalyzer or other type of chemical testing such as a blood test or a urine test, the prosecution must show the following:

  • a police officer had probable cause to believe that an individual was in physical control of a vehicle while under the influence of alcohol, chemicals, or a controlled substance such that his or her normal faculties were impaired;
  • a police officer read the individual Florida's implied consent warning;
  • a police officer requested that the individual submit to a BAC test;
  • a police officer informed the individual that it is a first-degree misdemeanor to refuse a BAC test;
  • the individual had previously refused to submit to a BAC test; and
  • after being told of the consequences, the individual still refused to submit to a BAC test.

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Additional Resources

Florida Statute §316.193 –Visit Online Sunshine the official website of the Florida Legislature for the full statutory language regarding driving under the influence in Broward County, Florida. Online Sunshine provides access to all official versions of the Florida Statutes, including the administrative codes and the criminal codes.

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Find an Attorney for Refusing DUI Tests in Broward County, FL

If you or someone you know has been charged with refusing a DUI test and are now subject to criminal prosecution, contact an experienced criminal defense attorney to fight for your rights.

Our attorneys are dedicated and zealous advocates who will fight to get you the best result. Our office is located in Ft. Lauderdale, Florida and we serve clients throughout Broward County and in the surrounding counties of Miami-Dade County, Palm Beach County, Collier County, and Hendry County in Florida.

Call Bacchus Law Firm to schedule a one-on-one with one of our experienced attorneys.

We represent clients arrested in Ft. Lauderdale and in surrounding cities like Miami, West Palm Beach, East Naples, or LaBelle, Florida.

This Article Was Last Updated on May 3, 2017.


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